Charges Dropped Against Man Accused of Killing His Daughter

September 27, 2013 Updated Jun 6, 2010 at 1:45 PM EDT

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September 27, 2013 Updated Jun 6, 2010 at 1:45 PM EDT

For the past nine months Jason Kirchner has been fighting charges from Niagara County prosecutors that he killed his seven-month-old daughter, Abbigail, last May.

"I've sat here and taken it for a year. I've kept my mouth shut, as hard as it's been. I've gone to work everyday. I've been looked at as a monster, and this isn't over," said Kirchner.

But the court battle is over for now. The district attorney's office dropped the case.

"I knew that Jason hadn't committed any crime. I knew that he did not cause the death of this child. I knew that from the evidence that we had," said Michele Bergevin, Jason's defense attorney.

The evidence prosecutors used to charge Kirchner with 2nd Degree Manslaughter and Criminally Negligent Homicide, all hinged on the autopsy report done by Erie County Medical Examiner, Dr. James Woytash.

The report concluded Abbigail suffered blunt force trauma to the head, four to six hours before her death. However, Kirchner told investigators the baby fell off a couch and hit her head on a table the day before.

"We were shocked when we saw what Dr. Woytash's report said because it didn't make sense. It didn't make sense that any injuries like that occurred to this child because nothing had happened," said Bergevin.

Jason hired his own doctor who said the bruises on Abbigail's head were normal after a fall, and the baby died from pneumonia. New prosecution experts agreed the injuries could be accidental causing prosecutors to drop the case. But for Jason, that's not enough.

"It's not like...sorry that your daughter died. We messed up, have fun. I don't find that justice," said Kirchner.

Kirchner and his wife, Abbigail's mother, are going through a divorce. The couple has another three-year-old daughter who Kirchner is fighting to get unsupervised visits with.